Kimbell v. State Highway Department

Bell, Presiding Judge.

1. The State Highway Department brought condemnation proceedings against J. R. Kimbell to acquire a part of condemnee’s land for construction of an interstate highway. In examining one of its witnesses on the trial, condemnor asked the witness whether condemnee could “go to the court of ordinary” to acquire a private way into that portion of his property which would be landlocked by the highway. While the court correctly excluded the testimony as to a legal conclusion, which this question was calculated to elicit, nevertheless the question merely suggested matter which…